BASIC (04-00)

A. Introduction

Title VIII provides that certain events, as explained in VB 00102.005B prevent an individual from qualifying for SVB. Whether these events result in the denial of the SVB claim or in the suspension of payments depends on the point at which they occur.

B. Policy - Disqualification

An individual cannot be a qualified individual for any month:

• that begins AFTER the month in which SSA is advised by the Attorney General that the individual has been removed (including deportation) from the United States pursuant to section 237(a) or 212(a)(6)(A) of the Immigration and Nationality Act and BEFORE the month in which the individual is subsequently lawfully admitted to the United States for permanent residence; or

• during any part of which the individual is fleeing to avoid prosecution, or custody or confinement after conviction, under the laws of the United States or the jurisdiction in the United States from which he or she has fled, for a crime or an attempt to commit a crime that is a felony under the laws of the place from which the individual has fled, or in jurisdictions that do not define crimes as felonies, is punishable by death or imprisonment for a term exceeding 1 year regardless of the actual sentence imposed; or

• during any part of which the individual violates a condition of probation or parole imposed under Federal or State law; or

• during which the individual is not a citizen or national of the United States and resides in a country to which payments to residents of that country are withheld by the Treasury Department under section 3329 of title 31, United States Code.

C. Policy - Effect of disqualification

If the disqualifying event exists on the date on which the determination on qualification is made, it results in denial of the claim.

If the disqualifying event occurs after the date on which the determination on qualification was made, it is a suspension event.